How to File For Divorce Without Lawyers

Divorce involves more than filling out paperwork and signing an agreement. It’s primarily about making practical decisions after considering all the possible outcomes. Unfortunately, most couples tend to avoid discussing the issues when talking about divorce. But if you are willing to take responsibility for representing yourself, you can file for divorce without hiring an attorney.

Instructions

1. Consider all the legal aspects beforehand. Try to set emotions aside. If you find that you are unable to do this, you may want to consult with an attorney after all. Remember, if you choose to represent yourself, you will be responsible for filling out all the legal paperwork and the necessary forms.

2. Familiarize yourself with the divorce laws in your state. You also will want to find out about the procedures you will be required to follow in your local county court. Visit a state law library and your local Court Clerk’s office. Both are good resources to obtain information that you will need. Many state law libraries now have websites as well.

3. Follow the same procedures that a lawyer would follow. If you are the party filing for the divorce, you will be considered the petitioner and your spouse will be the respondent. Begin by filing a divorce petition or summons. At that time, your spouse will be served and required to respond. This starts the process.

4. Hand deliver or mail the petition for divorce, along with two other copies, to your local County Clerk for filing. One copy will be returned to you. The other copy notifies your spouse that a petition has been filed. There will be a fee involved for filing.

5. Serve your spouse the divorce papers yourself and have him sign a waiver acknowledging that the petition has been served. If you don’t feel comfortable doing this, you can hire a process server to serve the petition. In cases where your spouse can’t be located, you can request a court order to have the respondent served by announcing the divorce petition in a newspaper circulated in a community where your spouse is likely to be living.

6. File a motion with the court to address any financial or child custody issues you may have. The purpose is to receive temporary orders to cover the time between when you first file the petition for divorce and the final divorce date. You will be responsible for notifying your spouse when a hearing date is set.

7. Gather information such as bank statements and other documents that may be needed for mediation. During this part of the process, you and your spouse will meet with a court appointed third party to negotiate and resolve any conflicting issues. Only if there are remaining issues, which cannot be worked out between you, will it be necessary to set a court date. If the divorce goes to court, both parties will be given the opportunity to argue their case before a judge.

Tips & Warnings

• Divorce petitions usually are filed in the county where the filing spouse resides.

• If you can’t afford the fee required for filing the Original Petition for Divorce, you may file an affidavit with the court asking for any fees to be waived.